Articles by Kate Collins
Kate Collins is a second year at Washington College of Law. She graduated from the University of California, Berkeley in 2010. She spent the summer working for the Superior Court in her home town in California and currently works for the Alliance of Artists and Recording Companies. She is especially interested in Trademark and Copyright law.
In an attempt to secure large settlements from as many parties as possible, the adult entertainment industry has been joining individuals from the same district who illegally downloaded the same film in a single claim as co-conspirators. This enables them to discover Doe-defendants’ identities and get them to settle rather than be a party in a pornography suit. It worked for a while, but there is a problem, the defendants aren’t co-conspirators.
Earlier this year Newt Gingrich was sent a cease and desist letter for his use of “Eye of the Tiger” during his campaign, but it was hardly the first time a politician got in trouble for their use of (sometimes anachronistic) songs in their campaigning.
In a world where it is getting harder to get an audience for commercials, Madison Avenue needs a hook. When that hook is a famous copyright and the audience is the Super Bowl’s it is best to play it safe and get a license, even if it comes at a cost.
In a state rife with division, disagreements over how to enforce anti-piracy legislation are separating traditional allies and showing the degree to which money and experience enable influence.
The Chinese Trademark Office’s refusal to register Shenzhen Ying Jun Wine Company’s mark “FRACOGNAC” because it is a geographic indicator continues a tradition of stringent registration standards in geographical indicators despite China’s sometimes lax enforcement in other areas.
As India’s economy grows and modernizes the state has worked to bring their business, trade, and intellectual property law into line with international standards, but a large fragmented system plagued by corruption and attachment to tradition can sometimes cause problems. One area where this is clearly the case is in trademark where a traditional reading of ultra vires and naming requirements is at odds with trademark principles.

